Researchers from Johns Hopkins University estimate that approximately 250,000 people die each year in the United States because of medical malpractice, which makes it the third-leading cause of death. Despite the extensive education and skill that individuals must receive before becoming doctors, doctors and other medical professionals make mistakes. Unfortunately, these mistakes can have tragic consequences, including death or catastrophic injury.
If you were injured by a careless medical provider, a Detroit medical malpractice lawyer from Ben Crump Law, PLLC may be able to help. Our team can investigate your claim and determine if you have grounds for legal action against a medical provider. Call us today at (800) 641-8998 to speak to a member of our team.
Medical Malpractice Explained
Medical malpractice occurs when a health care professional fails to provide a patient with appropriate medical care. Health care professionals are expected to provide care that is equal or better than the standard of care established for their particular specialty and location. When a health care provider’s level of care falls below this expected standard of care, this may be considered medical malpractice.
For a free legal consultation with a medical malpractice lawyer serving Detroit, call (800) 641-8998
Common Examples of Medical Malpractice
There are many forms of medical malpractice, including:
- Failure to diagnose – Health care providers are expected to communicate with patients and learn about their symptoms in order to narrow down what type of condition they have. If a health care provider fails to diagnose a serious medical condition, the patient may not receive the medical treatment he or she desperately needs.
- Misdiagnosis – A misdiagnosis occurs when a patient is diagnosed with the wrong medical condition. They may receive treatment for the wrong diagnosis that is ineffectual or harmful to their health. Additionally, the patient does not receive the necessary treatment for the actual condition they do have.
- Delay in diagnosis – A delay in diagnosis is when a patient does not receive a prompt diagnosis. The delay may cause their health to deteriorate while waiting for the proper diagnosis.
- Surgical mistakes – A surgical mistake can include anything from clipping an artery during surgery to leaving a surgical tool behind in a patient.
- Operating mistakes – Operating mistakes may involve operating on the wrong patient or wrong body part. These mistakes also include failing to follow proper sanitation standards to prevent infections.
- Anesthesia errors – An anesthesiologist may give a patient medication that they are allergic to or that causes an adverse reaction.
- Medication mistakes – Medication mistakes include giving a patient the wrong type of medication, the wrong dosage, or the wrong form of administration.
- Birth injuries – When doctors are not careful during the birthing process, they may cause injury to the baby or the mother, such as cerebral palsy or hip dysplasia.
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Parties That May Be Liable for Medical Malpractice
Determining liability in a potential medical malpractice case can be difficult because you must be able to reconstruct what happened during the medical procedure and who was responsible for it. Some potential parties who may be liable for medical malpractice include:
- Hospital – The hospital may be legally responsible for the damages you suffered if its policies led to the injury, such as a lack of proper sanitation methods or being unstaffed or understaffed. Additionally, the hospital is generally responsible for the negligence of its employees, including nurses, staff physicians, and other hospital employees.
- Doctor – If the doctor made a mistake like failing to diagnose a condition or causing an injury during surgery, you may be able to file a claim against the doctor. Sometimes doctors are considered independent contractors and not employees of the hospital, so you may have a separate claim against the negligent doctor.
- Other healthcare provider – Another health care provider, such as a pharmacist, anesthesiologist, or nurse may be legally responsible for your damages if they provided negligent care.
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Legal Challenges of Medical Malpractice Cases a Lawyer Can Help You With
Medical malpractice claims are highly specialized cases that involve complex legal and medical issues. Some of the unique legal characteristics and challenges that may be involved with this type of case include:
- Needing a medical expert. Michigan Compiled Laws § 600.2169 requires that the medical expert be in the same specialty and certification as the named defendant in the case. If the defendant is board certified, the medical expert must also be board certified.
- Providing an affidavit of merit with your complaint. This affidavit must be signed by a different health care professional who lays out the basis for the claim.
- Providing notice. Michigan Compiled Laws § 600.2912b requires that you give written notice to the doctor or hospital at least 182 days before filing the medical malpractice suit.
- Reviewing a claim. A claim may have to be reviewed by Michigan’s mediation panel and formally evaluated before you can proceed.
A Detroit medical malpractice lawyer can help with these steps and ensure that you follow all of the necessary formalities for a Michigan medical malpractice claim.
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Limited Time to File Your Claim
Michigan Compiled Laws § 600.5805 requires that you file a medical malpractice lawsuit within two years if you were a patient harmed by negligent medical care. If you lost a loved one because of suspected medical malpractice, the time limit to file your lawsuit is three years from the date of death.
Contact a Medical Malpractice Lawyer Serving Detroit Today
If you were harmed by a negligent doctor or other health care professional, a Detroit medical malpractice lawyer is here to help. Ben Crump Law, PLLC helps medical malpractice victims and their families with their claims against negligent health care providers. We can evaluate your claim and determine its potential value, based on the damages you have suffered, such as lost wages, lost earning capacity, additional or future medical expenses, and pain and suffering. Our attorneys work on a contingency fee basis, so you are not responsible for any attorney fees unless we recover compensation on your behalf. Call our firm today at (800) 641-8998 to take advantage of your free case review.
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